As Amended by Senate Committee
Session of 1998
SENATE BILL No. 486
By Committee on Federal and State Affairs
1-22
10
AN ACT concerning gaming; relating to the powers and
duties of certain
11 employees of the state
gaming agency; amending K.S.A. 1997 Supp.
12 74-9804 and 74-9806
and repealing the existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
1997 Supp. 74-9804 is hereby amended to read as
16 follows: 74-9804. (a) (1) The governor
shall appoint, subject to confir-
17 mation by the senate as provided by K.S.A.
75-4315b, and amendments
18 thereto, an executive director of the state
gaming agency, to serve at the
19 pleasure of the governor. Before appointing
any person as executive di-
20 rector, the governor shall cause the Kansas
bureau of investigation to
21 conduct a criminal history record check and
background investigation of
22 the person.
23 (2) The executive
director shall: (A) Be in the unclassified service
24 under the Kansas civil service act; (B)
devote full time to the executive
25 director's assigned duties; (C) be a
citizen of the United States and an
26 actual resident of Kansas during employment
as executive director; (D)
27 not have been convicted of a felony under
the laws of any state or of the
28 United States prior to or during
employment; and (E) have familiarity
29 with gaming industries sufficient to
fulfill the duties of the office of ex-
30 ecutive director.
31 (3) The executive
director shall: (A) Determine, subject to the ap-
32 proval of the Kansas racing and gaming
commission, the number and
33 qualifications of employees necessary to
implement and enforce the pro-
34 visions of tribal-state gaming compacts and
the provisions of the tribal
35 gaming oversight act; (B) employ persons
for those positions; and (C)
36 perform such other duties as required by
tribal-state gaming compacts.
37 (b) (1) The
executive director may appoint a director of enforcement
38 and compliance to serve at the
pleasure of the executive director. Before
39 appointing any person as director of
enforcement and compliance, the
40 executive director shall cause the Kansas
bureau of investigation to con-
41 duct a criminal history record check and
background investigation of the
42 person.
43 (2) The director of
enforcement and compliance shall: (A) Be in the
SB 486--Am.
2
1 unclassified service under the Kansas
civil service act; (B) devote full time
2 to the director's assigned duties;
(C) receive such compensation as de-
3 termined by the executive director,
subject to the limitations of appro-
4 priations therefor; (D) be a citizen
of the United States and an actual
5 resident of Kansas during employment
as director of enforcement and
6 compliance; (E) not have been
convicted of a felony under the laws of
7 any state or of the United States
prior to and during employment as
8 director of compliance; and (F)
;f vested with law enforcement powers,
9 have been a professional law
enforcement officer with a minimum of five
10 years' experience in the field of law
enforcement and at least a bachelor's
11 degree in law enforcement administration,
law, criminology or a related
12 science or, in lieu thereof, a minimum of
10 years' experience in the field
13 of law enforcement.
14 (3) The director of
enforcement and compliance shall: (A) Be vested
15 with law enforcement authority;
16 (B) conduct
investigations relating to compliance with the provisions
17 of tribal-state gaming compacts and the
provisions of the tribal gaming
18 oversight act;
19 (B)
(C) recommend proper compliance measures to tribal
gaming
20 commissions;
21 (C)
(D) train and supervise such personnel as employed by
the ex-
22 ecutive director to assist with such
duties; and
23 (D)
(E) perform such other duties as directed by the
executive di-
24 rector.
25 (c) (1) The
executive director may appoint ;c/ompliance
inspectors en-
26 forcement agents. Before appointing
any person as a ;c/ompliance inspector
27 enforcement agent, the executive
director shall cause the Kansas bureau
28 of investigation to conduct a criminal
history record check and back-
29 ground investigation of the person.
30 (2) Each
;c/ompliance inspector enforcement agent
shall: (A) Be vested
31 with law enforcement authority;
32 (B) be in the
classified service under the Kansas civil service act;
33 (B)
(C) not have been convicted of a felony under the laws
of any
34 state or of the United States prior to or
during employment as ;c/ompliance
35 inspector enforcement
agent; and (C) if vested with law enforcement
pow-
36 ers,
37 (D) be a
professional law enforcement officer with a minimum of two
38 years' experience in the field of law
enforcement or, in lieu thereof, a
39 bachelor's degree from an accredited
university or college.
40 (3) Compliance
inspectors Enforcement agents shall: (A) Conduct
in-
41 vestigations relating to compliance with
the provisions of tribal-state gam-
42 ing compacts or the provisions of the
tribal gaming oversight act; and (B)
43 perform such other duties as directed by
the executive director or the
SB 486--Am.
3
1 director of enforcement and
compliance.
2
Sec. 2. K.S.A. 1997 Supp. 74-9806 is hereby amended to
read as
3 follows: 74-9806. (a)
Employees of the state gaming agency
designated
4 by the executive
director The director of enforcement and compliance
and
5 all enforcement agents are
hereby vested with the power and authority of
6 law enforcement officers in the
execution of the duties imposed upon the
7 state gaming agency by the provisions
of the tribal gaming oversight act
8 and tribal-state gaming
compacts.
9
(b) Employees designated pursuant to subsection (a)
and shall have
10 the authority to:
11 (1) Make arrests,
conduct searches and seizures and carry firearms
12 while investigating violations of this act
and during routine conduct of
13 their duties as determined by the executive
director;
14 (2) make arrests,
conduct searches and seizures and generally enforce
15 all criminal laws of the state as
violations of such laws are encountered
16 by such employees during the routine
performance of their duties; and
17 (3) issue notices to
appear pursuant to K.S.A. 22-2408, and amend-
18 ments thereto.
19 (c)
(b) No employee of the state gaming agency shall be
certified to
20 carry firearms under the provisions of this
section without having first
21 successfully completed the firearms
training course or courses prescribed
22 for law enforcement officers under
subsection (a) of K.S.A. 74-5604a, and
23 amendments thereto. The executive director
may adopt rules and regu-
24 lations prescribing other training required
for such employees.
25 (d)
(c) It shall be the duty of the Kansas bureau of
investigation to
26 conduct, or assist
;c/ompliance enforcement personnel of the
state gaming
27 agency and other law enforcement agencies
in conducting, investigations
28 of violations of tribal-state gaming
compacts, criminal violations of the
29 laws of this state at tribal gaming
facilities, criminal violations of the tribal
30 gaming oversight act and other criminal
activities related to tribal gaming.
31 Such duty may be performed independently of
or in conjunction with
32 employees of the state gaming agency
designated pursuant to this section
33 or tribal gaming commission inspectors.
Employees of the state gaming
34 agency shall report immediately any
criminal violations of the tribal gam-
35 ing oversight act and any criminal
activities or suspected criminal activities
36 at tribal gaming facilities to the Kansas
bureau of investigation. Employ-
37 ees of the Kansas bureau of investigation
shall report any violations or
38 suspected violations of the tribal gaming
oversight act to the executive
39 director or to employees of the state
gaming agency designated pursuant
40 to this section.
41 Sec. 3. K.S.A. 1997
Supp. 74-9804 and 74-9806 are hereby repealed.
42 Sec. 4. This act
shall take effect and be in force from and after its
43 publication in the ;§atute
book Kansas register.
44